This month (September 2022), the Court of Justice delivered three judgments on the interpretation of Directive 93/13/EEC and of consumer protection against unfair terms in consumer contracts.
The three decisions offer the latest views of the Court on this sensitive topic in cases related to mortgage agreements (joined cases No C‑80/21 to C‑82/21), revolving consumer credit agreements (case No C‑215/21), and withdrawal clauses in letter of engagement between consumers and lawyers (case No C‑335/21). In the latter decision, the Court of Justice was also asked to interpret Directive 2005/29/EC and the notion of misleading commercial practice. Although in the disputes in main proceedings the situations were purely domestic, the Court’s reasoning may well apply to cross-border consumer contracts too.
On the relationship between consumer protection and PIL rules, the readers of RDIPP may refer to:
Fumagalli, 1994, No 1, 15 ff.; Pizzolante, 2005, No 2, 377 ff.
Moreover, on the law applicable to consumer contracts, see, in our Book Series:
Piroddi, Book No 79.